Divorce refers to the legal act that both husband and wife dissolve their marriage relationship according to legal conditions and procedures.
Divorce has the following legal characteristics:
1, the dissolution of marriage is based on the existence of legal marriage. Divorce is the dissolution of legal and valid marriage relationship, and both parties to the marriage must meet the substantive and procedural requirements of marriage. If a man or woman who does not meet the conditions for marriage asks for "divorce" after marriage, it will not be treated as divorce.
2. The subject of dissolution of marriage relationship is the marriage parties. The dissolution of marriage reflects the wishes of the parties and can only be carried out by the parties themselves. However, if the spouse of a person without civil capacity abuses or abandons the personal rights or property rights of the person without civil capacity, other persons with guardianship qualifications may change the guardianship relationship according to special procedures. If the changed guardian brings a divorce lawsuit on behalf of a person without civil capacity, the people's court shall accept it.
3. The dissolution of marriage relationship shall conform to the statutory divorce conditions and procedures. A divorce agreement reached by both parties to a marriage on their own, or a divorce agreement reached under the auspices of the unit where both parties to the marriage belong, mass organizations, residents' (villagers') committees, grassroots mediation organizations and other relevant departments, does not have the legal effect of divorce. The parties need to go through the divorce formalities in accordance with legal procedures, otherwise the legal effect of divorce will not occur.
4. Dissolving the marriage relationship will have a series of legal consequences of divorce. The termination of marriage will lead to a series of consequences, such as the elimination of husband and wife's personal relationship, the liquidation of joint property, the change of children's rearing methods, and the settlement of joint debts.
Article 75 of the Civil Code of People's Republic of China (PRC), if a spouse invests in the establishment of a sole proprietorship enterprise in the name of one spouse, when the people's court divides the joint property of the husband and wife in the sole proprietorship enterprise, it shall deal with it separately according to the following circumstances:
(1) If one party claims to run an enterprise, the party that has obtained the ownership of the enterprise assets will give the other party corresponding compensation after the enterprise assets are appraised;
(2) If both parties advocate operating the enterprise, on the basis of bidding by both parties, the party that has obtained the ownership of the enterprise assets will give the other party corresponding compensation;
(3) If both parties are unwilling to continue to operate this enterprise, it shall be handled in accordance with the Law of People's Republic of China (PRC) Municipality on Sole proprietorship enterprises and other relevant regulations.